August 13, 2007
Emily Ryan
(202) 639-6421

AFGE to Take Battle Over DoD Employee Rights to the Supreme Court

(WASHINGTON) - The American Federation of Government Employees today announced it would file an appeal with the U.S. Supreme Court in order to stop the Department of Defense from implementing its National Security Personnel System.

AFGE and its partners in the United DOD Workers Coalition have been fighting NSPS since it was first proposed. In February 2006, AFGE and the UDWC won a decisive ruling in the U.S. District Court against NSPS. Judge Emmet G. Sullivan’s ruling gutted NSPS provisions pertaining to labor relations, collective bargaining, independent third party review, adverse actions, and DoD’s proposed internal labor relations panel. However, on May 18, the U.S. Court of Appeals—in a sharply divided 2-1 decision—upheld the regulations. AFGE and the UDWC filed a motion for an en banc (or full court) review, which was denied Aug. 10.

AFGE this week will file a Motion to Stay the Issuance of the Mandate with the Court of Appeals and within 90 days, will proceed with its Petition for Writ of Certiorari to the U.S. Supreme Court.

“AFGE has been presented with the opportunity to bring this issue to the honorable justices of the U.S. Supreme Court and will face this head on,” AFGE National President John Gage said. “The administration and the DoD need to be taken to task on this issue. It’s time to stop the bullying and abuse this administration is directing toward DOD employees.

“If NSPS were to be fully implemented, DOD workers would be subjected to an arbitrary, dishonest and unfair working atmosphere,” Gage added. “AFGE has dedicated itself to ensuring that doesn’t happen. AFGE has said all along that we would take this all the way to the Supreme Court if necessary. We are fully prepared to do so and embrace the opportunity.”

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